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How to Define Negligence in an Automotive Accident

Automotive accidents can be complicated to analyze, especially when multiple parties are involved. In order to properly deduce which party caused the accident, or is considered the faulty party, negligence must be present.

What is negligence?

The legal term “negligence” describes an act carried out without reasonable care, risking another’s safety due to a foreseeable accident. More specifically, Florida law defines “negligence action” as, “without limitation, a civil action for damages based upon a theory of negligence, strict liability, products liability, professional malpractice whether couched in terms of contract or tort, or breach of warranty and like theories. The substance of an action, not conclusory terms used by a party, determines whether an action is a negligence action.” Many personal injury claims involving car accidents, truck accidents, and motorcycle accidents use negligence to define the party at fault. For example, a driver operating a motor vehicle under the influence of drugs or alcohol may likely be considered the negligent party if a car accident occurs.

In order to justify an automotive negligence claim, the claimant must acknowledge four considerations. The first would be to establish a clear duty of care owed to the claimant by the defendant. This may include a driver, passenger, or other individuals on the road (road users). Second, there must be a breach of the duty of care, proving there was a failure to carry out this expected duty of care. Next, the claimant must prove causation. This explains how the defendant’s negligent action caused the claimant’s injury. Finally, claimants must consider the loss of injury, or damages.

What is comparative fault?

Florida is a pure comparative fault state operating under a comparative fault system. Comparative fault, or contributory fault, means a claimant may not claim full automotive accident damages if he or she was partially at fault; however, claimants can still yield compensation. Florida law describes it as follows, “In a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery.”

Is Florida a no-fault state?

Florida’s no-fault system dictates much of what occurs between insurance companies and individuals involved in automotive accident cases. No-fault car insurance allows your own car insurance to potentially pay up to $10,000 for your medical treatment if you’ve been injured in a car accident, no matter who was at fault. This can be frustrating for the victim, as the party at fault is typically responsible for compensating any losses due to a car, truck, or motorcycle accident, especially when an insurance policy may not cover all expenses.

Who can help?

Injuries due to an automotive accident can be traumatic and life-altering. If the car, truck, or motorcycle accident was a result of someone else’s negligence, it can only make the pain worse. Victims should not have to live with these injuries as well as the complex process that comes after an accident. That’s where a personal injury attorney, like Cindy Goldstein, comes in.

Her team can provide you with personalized attention throughout the entirety of your case. The firm has been serving the South Florida community for several years, including but not limited to all areas of Broward County, Palm Beach County, and Miami-Dade County. Cindy Goldstein and her team can represent you, no matter where you live, as long as the crash or tort happened in the state of Florida. Her team gives personalized attention to all clients, and the firm is just a phone call or an email away. With a passion for personal injury cases, Cindy Goldstein will fight aggressively for the compensation you deserve. For more information regarding everything you need to know about automotive accidents, contact The Law Firm of Cindy Goldstein.